Kan Yuk Sum v. Kan Yuk Shing (in His Personal Capacity and As the Executor of the Estate of Tam Lee Yau)

Case No.CAMP 127/2025[2026] HKCA 2065
Court
Court of Appeal
Date29 Oct 2026
Judge—
Case Document
100%

CAMP 127/2025, [2026] HKCA 2065

On Appeal From [2025] HKCFI 1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 127 OF 2025

(ON AN INTENDED APPEAL FROM HCMP NO. 268 OF 2023)

________________________

IN THE MATTER OF the estate of TAM LEE YAU (譚利有) alias TAM LEE (譚利), late of Flat E, 15th Floor, Sky Garden, No. 223 Prince Edward Road West, Kowloon, Hong Kong, deceased (‘the Estate’ and ‘the Deceased’ respectively)
and
IN THE MATTER OF section 56 of the Probate and Administration Ordinance (Cap. 10)
and
IN THE MATTER OF Order 85 of the Rules of the High Court

________________________

BETWEEN

KAN YUK SUM Plaintiff
and
KAN YUK SHING
(in his personal capacity
and as the executor of
the estate of Tam Lee Yau)
Defendant

________________________

Before : Hon Kwan VP and Cheung JA in Court
Date of Decision : 29 October 2026

________________________

SUMMARY ASSESSMENT OF COSTS

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Hon Cheung JA (giving the Summary Assessment of Costs of the Court) :

1.On 4 March 2026, this Court (Kwan VP and Cheung JA) handed down the decision ([2026] HKCA 363) ordering that the plaintiff is to have costs of the defendant’s renewed application for leave to appeal to the Court of Appeal.  Both parties have lodged their statement of costs and list of objections for this purpose respectively.

2.The plaintiff claimed a total sum of $142,469 of which $100,000 is counsel fee and the balance represents solicitors’ costs and disbursements.

3.We will summarily assess the defendant’s costs inclusive of counsel fee at $100,000.

 

 
(Susan Kwan)
Vice-President
(Peter Cheung)
Justice of Appeal

Ng, Lie, Lai & Chan, for the Defendant

Robertsons, for the Plaintiff

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